Howard v. State
Supreme Court of Alabama
Appeal from Choctaw Circuit Court. Tried before lion. ¥m. E. Clarke. This was an indictment for living in adultery or fornication, against Sim Howard and Lou Smith; andón the trial both were convicted.
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Appeal from Choctaw Circuit Court. Tried before lion. ¥m. E. Clarke. This was an indictment for living in adultery or fornication, against Sim Howard and Lou Smith; andón the trial both were convicted. The evidence introduced on the trial tended to show that about three years prior to the trial, the defendant Howard removed from North Carolina.to this State, accompanied by a woman lie called his wife, whom he claimed to have married in the former State, they bringing with them children, and taking up their residence in Choctaw.county; that about eighteen months prior to the trial said…
1Opinion of the Court
BRICKELL, O. J.
There is no error in the instruction given to the jury by the circuit court. When a person is shown to have been in life at a particular period of time, and seven years thereafter has not expired without intelligence from or concerning him, if the factof his life or death becomes material, upon the party asserting death the law devolves the burden of proof.— 1 Green. Ev., § 41. In criminal cases, the .presumption of life may not, under all circumstances, or generally, outweigh the presumption of innocence which the law indulges. Neither presumption is absolute ; either is…
2Cited by1 opinion
- Quillman v. GurleySupreme Court of Alabama · 1888